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REFERENCE TITLE: reporting; prisoners; solitary confinement |
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State of Arizona House of Representatives Fifty-second Legislature First Regular Session 2015
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HB 2498 |
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Introduced by Representative Carter
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AN ACT
amending title 41, chapter 11, article 1, Arizona Revised Statutes, by adding section 41‑1604.18; repealing section 41-1604.18, Arizona Revised Statutes; relating to the state department of corrections.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 41-1604.18, to read:
41-1604.18. Reporting; use of solitary confinement; definitions
A. On the first day of each calendar quarter, the department shall transmit a report to the governor, the president of the senate and the speaker of the house of representatives that includes the following information for each month of the reporting period and for each separate facility:
1. The number of prisoners who are placed in solitary confinement.
2. The number of prisoners who were removed from solitary confinement.
3. The total number of prisoners who are currently held in solitary confinement as of the date of the report.
4. The number of prisoners who are in solitary confinement and who are under twenty‑one years of age and the number of prisoners who are in solitary confinement who are under eighteen years of age.
5. The number of prisoners who are in solitary confinement and who are at least fifty‑six years of age.
6. The number of self-harm incidents in solitary confinement.
7. The number of use of force incidents in solitary confinement, including the mental health scores and status of each prisoner who is involved in a use of force incident.
8. The number of prisoners who are in solitary confinement and who participated in at least one hour of out-of-cell group programming a week.
9. The number of prisoners who were directly released to the community from solitary confinement.
10. For each prisoner who is held in solitary confinement during the reporting period:
(a) The mental health status of the prisoner, including identification of a prisoner with serious mental illness or other significant mental impairment.
(b) The race and gender of the prisoner.
(c) The reason for placing the prisoner in solitary confinement.
(d) The length of time that the prisoner has spent in solitary confinement.
(e) Any hearings, procedures, assessments and determinations made that the prisoner should be removed from or continue in solitary confinement.
(f) The amount of out-of-cell time, exercise, programs, services, care and treatment provided to the prisoner.
11. Whether any steps were taken during the reporting period by the department to reduce the use of solitary confinement, including efforts:
(a) To reduce the number of prisoners held in solitary confinement.
(b) To reduce the length of stay in solitary confinement.
(c) To reduce the level of social isolation of a prisoner who is held in solitary confinement.
(d) To increase the amount of out-of-cell time for prisoners in solitary confinement.
B. Beginning on the effective date of this act, the department shall assess all of the department's policies and practices on the use of solitary confinement for prisoners with serious mental illness or other significant mental impairments.
C. For the purposes of this section:
1. "Prisoner with serious mental illness or other significant mental impairment" means a prisoner with a substantial disorder of thought or mood that significantly impairs judgment, behavior or capacity to recognize reality, including prisoners who are found to have current symptoms or who are currently receiving treatment for any of the following:
(a) Any type of diagnosis found in the diagnostic and statistical manual 5 (DSM-5), or the most current version, including any of the following:
(i) Schizophrenia, including all subtypes.
(ii) Delusional disorder.
(iii) Schizophreniform disorder.
(iv) Schizoaffective disorder.
(v) Brief psychotic disorder.
(vi) Substance-induced psychotic disorder, excluding intoxication and withdrawal.
(vii) Psychotic disorder not otherwise specified.
(viii) Major depressive disorders.
(ix) Bipolar affective disorder.
(b) A mental disorder that includes being actively suicidal.
(c) A serious mental illness that is frequently characterized by breaks with reality or perceptions of reality that leads the individual to significant functional impairment.
(d) An organic brain syndrome that results in a significant functional impairment if not treated.
(e) A severe personality disorder that is manifested by frequent episodes of psychosis or depression and that results in significant functional impairment.
(f) Any other serious mental illness or disorder that is worsened by confinement.
(g) Intellectual disability with significant functional impairment.
2. "Reporting period" means the four months before the date each report is due under subsection A of this section.
3. "Solitary confinement" means confinement in one's cell for approximately twenty-two hours or more per day, alone or with other prisoners, that limits contact with others.
Sec. 2. Delayed repeal
Section 41‑1604.18, Arizona Revised Statutes, is repealed from and after December 31, 2018.